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Request to Amend PUD_Historic Millwork DistrictPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Dubuque AlMmedcaCtty '1111' 2012 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 THE CITY OF Masterpiece on the Mississippi July 8, 2013 PUD Amendment Applicant: City of Dubuque Location: Historic Millwork District Description: Amend Historic Millwork District Planned Unit Development District Conceptual Plan to allow off - street parking needed for redevelopment projects. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Associate Planner Kyle Kritz reviewed the required amendment to the Historic Millwork District Planned Unit Development for property at the intersection of 11th and Elm Streets. Staff reviewed that the Historic Millwork District concept Plan designated the property for no specific uses. The Historic Millwork District also requires City Council approval of surface parking lots. Staff reviewed surrounding land use and businesses. Staff also noted the receipt of a letter from S & K Packaging. There were no public comments. The Zoning Advisory Commission discussed the request and noted the amendment only applied to the subject property. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, )1,4, Pk_1— Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility innovation Teamwork THE CfIY OF DUB Masterpiece un the Mississippi ❑Variance ❑Conditional Use Permit ❑Appeal ['Special Exception Limited etback Waiver ]Rezoning /PUD DotAmu's, Wuxi Trip ahC PLANNING APPLICATION FORM ❑Preliminary Plat ['Major Final Plat ❑Minor Final Plat ❑Simple Site Plan ❑Minor Site Plan ❑Major Site Plan Please tine or print legibly in ink Property owner(s): City of Dubuque Address: 50 W. 13th St. Fax #: 589-4149 Cell #: E -mail: ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant City: Dubuque City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 planning@cityofdubuque.org ['Certificate of Appropriateness ['Advisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ['Historic Designation ❑Demolition in Conservation Districts ['Port of Dubuque Design Review Phone: 563 -589 -4110 State: I A Zip: 52001 ctvmgr @cityofdubuque.org Applicant /Agent: Planning Services Department Phone: 56'i-569-4210 Address: Same City: State: Zip: Fax #: 589 -4221 Cell #: E -mail: planning @c i tyofdubuque.org Site location /address: 1100 b1 ock of Elm Street Neighborhood Association: !dash i ngton Existing zoning: PUD Proposed zoning: PUD District: Historic M i l lworkLandmark: ❑ Yes in No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See attachments. Total property (lot) area (square feet or acres): Approximately 35 ,000 square feet Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Historic Millwork District PUD conceptual development plan to allow off- street parking needed for redevelopment projects. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required wrjlgn and graphic materials are attached. Property Owner(s): 4 �- — Date: Applicant /Agent: Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee: N/A Received by: Laura Carstens Date: 6/11/13 Docket: Masterpiece on the Mississippi Dubuque bed AII•AmeneaCily '1110' 2012 TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager SUBJECT: Amendment of Historic Millwork District PUD Conceptual Plan DATE: June 11, 2013 INTRODUCTION This memorandum transmits City staffs recommended amendment to the Planned Unit Development (PUD) Conceptual Plan for the Historic Millwork District, in response to property owners' need for off - street parking to facilitate redevelopment. Supporting documentation is enclosed. BACKGROUND The City of Dubuque broke new ground in creating a mixed -use PUD zoning district that retains active industrial uses in the Historic Millwork District while simultaneously promoting the adaptive reuse of its historic warehouses with residential, retail, office and commercial uses. The Historic Millwork District Master Plan forms the basis for the PUD Conceptual Plan and PUD ordinance. The Unified Development Code (UDC) site design standards and Downtown Design Guidelines apply to development in the Historic Millwork District PUD. Within the PUD boundary, there are a number of large historic warehouse complexes that consume all or most of a block, leaving little to no room for on -site parking. The PUD Conceptual Plan anticipated the need for on- street parking, parking ramps, and surface parking. On- street parking has been provided in the District with the 2012 Complete Streets project. The City has installed a temporary surface lot along 10th and Elm Streets, and plans to construct a parking ramp adjacent to this lot along 9th Street between Washington and Elm Streets. The PUD ordinance requires City Council approval of surface parking. Parking lots must conform to the Unified Development Code (UDC) site design standards and Downtown Design Guidelines. Memo to Zoning Advisory Commission Amendment to Historic Millwork District PUD Conceptual Plan DISCUSSION In the downtown, off- street parking in the forms of ramps and surface lots and on- street parking is provided by the City of Dubuque to facilitate development and adaptive reuse of downtown buildings. Municipal parking also reduces pressure to demolition for private parking spaces. To address the need of Historic Millwork District property owners for off - street parking to foster reuse and redevelopment, the City of Dubuque analyzed creation of surface and ramp parking in the Downtown and in the District. City staff identified the City -owned property area along the Elm Street "S" curve between 11th and 12th Streets and west of the railroad tracks as short -term priority. The PUD Conceptual Plan depicts the west side of this area as a "blank slate "; i.e., no specific uses are shown. Currently, this site is a vacant, undeveloped gravel site used for equipment storage. The PUD Conceptual Plan depicts the east side of this area for redevelopment with new multifamily residential and off- street parking to serve the use. Currently, this site is a cul- de -sac used for vehicle parking. Access for the adjacent business would be maintained with installation of a municipal parking lot. RECOMMENDATION City staff recommends approval of the proposed amendment of the Historic Millwork District PUD Conceptual Plan to create off- street parking in the subject area, in response to property owners' need for off - street parking to facilitate redevelopment. REQUESTED ACTION The requested action is for the Zoning Advisory Commission to review and discuss the proposed amendment of the PUD Conceptual Plan, and then make a recommendation to the City Council. Enclosures cc: Michael Van Milligen, City Manager David Heiar, Economic Development Director Phil Wagner, Assistant Economic Development Director Tim Horsfield, Parking System Supervisor Gus Psihoyos, City Engineer Jon Dienst, Civil Engineer Kyle Kritz, Associate Planner Maureeen Quann, Assistant City Attorney Chandra Ravada, ECIA Transportation Director F: \USERS \LCARSTEN\WP \Millwork District HMO PUD \HMD PUD Concept Plan amendment ZAC memodac 2 12TH STREET 11TH STREET IIRRIC4N TEAM: CITY OF DUBUQUE - ENGINEERING DEPT DUBUQUE COUNTY PROJECT NUMBER: —�� SC_�s I _SC 1" - 0' FEET Millwork District Parking • SHEET: REV. EXHIBIT B 50 Develoipnnent Summary 5. Daveiopment Surrsrnaty Context Plan: Off Site Improvements Central and White: trefflccahning or two - way conversion upon opening the Southwest Arterial. Washington St improvements 0 0 / Kerper r Blvd: I Convert ^ Vacate r frontage road to two•way.` , I '7 -1 New street to the Port s0 7th St •�,� Connection b_., toShotTower and Port CUNINGIIAi1 0 0 P Illustrative IVlaster Plan . • 5. Development SunnmatY s- FRS Landform Parlc Foundry Square t?- ∎t �C gust '.0 8 • t. \ \fr ±' B f • Kirby Farley Plaza cUNINGtIP M G R O U P Development S111110.01 y Places Jackson Street 1.- \'-:3C-r.1, _ .0;.11 111- te, lit I ill T. , • \ A Q._ 11' 4 +3.101. r 14 10th Street 411, r•C.144A2-77.,?'; ,11 1114•S • } 7.0 11,1177 1 NO 11 It M G R 011, 5.-Oorc lopment Stittimary places (continued) Landform Park • • • - - - -L-711-1-"-- / • _1,1_ E • ---• 7 - ' --3,--.7r..._--1. —=----_-,-,-----7.-. ---- - --., ..1.•,---.--,-,'-=--.-:;----=--===-- • - .- - -).-)--;%•:-- -----• — ti 1:_ _-,- -_-,-.,•• • 1 -- --r-- -°.'7.....------ :s) 7,;.:1_-"...e.,.. ,- 1-=•„i '• )-- (I) (). -_-_- 1._ •• - '-'-' '' "V, 111,011 . -::11:_-=----=.1'..:--- ---- - _ - , i 11:7-7.5:-- ......., _72.t.1;1-=-- ----_:--- --..------,--F--z-- --Tr-- -.-.....n.L1T ....e2i7._-• ::-_-__,=_....._•-:-..-_,--.1L:_-..r_. ,... _ ... .11' III' --.' 1 i • ,i. LL"Il II t E r i U III ii 0,-Irtubvilia_VALLIal_ 111.1131_11_111 i ra ti P i i---t-afe - ---•.--7-i e--- ' -.,e.....- ------ - ..---.4.:( ---7-- --- cfP Foundry Square CLINiNGRAM G 0 Li Development Program 'an % i,..,...4 -.1.0 .. o 'Nl, 1.+•sk':-:1/4+si: ;',-,' ''. K S-..,c1)._■:to.'7,,,,. .,: .A .:•.; % . ‘1 .:e... '°' .- 3 72 72 • F 84 5,000 .. ;-•a•:',',,," A Ay:‘,',- V. ' ,,C,-)./4-cc. \ , .', fl-i•c•i;',."\ \ '.i..411,r.. •'S ' ' . S._:,-). \ 1 Spahn and Rose 45 tit\ -. ,:..‹..._.1,$),, . Le, •:'-.. I G 0.000 5. Development sun Block Name Units(new) Non Res sf Paring A Spahn and /lose 25 0 29 8 pellit and hose 55 0 64 Z C 5-palm ancl Rose 55 0 64 ° 0 Geisier 47 0 80 •W''..,,/ Caradco 22 44 ...s , ; H new 34,000 30,000 50 N' . ct• ' . .f., ' ,•-■• ., , ' . • ‘' kr1' Mi •-•?,,k..:1 . \ Caradco 64 150 various • 70 84 1305000000 0 ' ist.?) -ri..P2' 'I\ e<V■.:7-4 kkY'' \ \ 1 A. C : • Caradco 0 200 40 6,000 28 Foundry Square I( •::. ..„ . / M 57,0000 Ca %UAW 0 0 • 1 I ; L • -0,... JELD-WEN 344 I 1 .,„, 5 N In 0 50 64 70,000 235 0 Kirby* 89,600 Fariey Loetscher' • TOTAL 1468" 7 634 359,000 \ ,.. . / ..:1 P.3 ' 4 -..... ., s..41:j 1 *assumes 1/2 residential, 1/2 non residential, see page 71 (does nor include on street parking) C014114GHAM 0R 0 U P 5. Development Summary Land Use / DevelopIi1ent.Patterns Rehabilitation and New Construction • 1; t . Existing Buildings: Rehabilitation New Construction 1 f Ground Floor Uses 1 ��a DI Retail Ei Residential tj Parking .10 Flexible ail-proximately 97,000 sf retail/ restaurant approximately 10,000 sf retail/ restaurant .CtJ KIN OHft111 T 0 U P • 5, DeVdopmenl 5trcnrntt y Open Space Ell Sidewalks ElPlazas and Plaza Streets Courtyards/ Passage's nStormwater Feature /Sculpture Park Parking • n On street MStructure nSurface Lot r 1 In Building 5. Ov1opfl it Summary Type. North central on street 111 193. structure 0 200 surface lot 48 26 In Building 165 421 324 840 South TOTAL 79 383 344 544 263 337 0 586 686 1850 CUNINGNAM G n 0 U P 5 Development Summary Streets Type of Investment 0 Existing Streets: Full Reconstruction 0 New Streets. and New Right -of -Way �] Streetscape Improvements Only nJackson Street:Partial Reconstruction Type of Street 0 Green Street with Linear Stormwater Planters DGreen Streets with Stormwater Planters In Curb Extensions Plaza Street 0 Jackson Street CUNING*IAM G 8 A u r Streets with Linear Stormwater Planters L S. Developnwnt Surrimary 4 stormwater collection In linear planterse Linear planter Streets with Stormwater Planters in Curb Extensions at the End of the Block P yG stormwater collection In curb extensions at the end of the black cUN1N6HAM c ,R a U r Phasing 1 ()* dr1 1 Phase 1 A:Central *3, V.... , ••• ''. i •••0 •0 .. - ' I 0 . t I i r r 1 .. • " . I II • t . . . . ‘‘` % t I , • • 00SN° . . • ar, . it. b • ie.1.■• 1 • • • 4 1 t\-y-' • cl ug I to • • Phase 2: South '9:01 . i • • • . . 1 5. Deudopoient Sirromai y its Phay. 1 B: Central `.‘ I"1,s St 1‘•‘1... .9" 1 .. I" , X • \ • .0.9' • / 174 '1; Pilaw 3: North COMENOHAM G 9 u David L. Clemens Jeffrey L. Walters Jennifer A. Clemens - Conlon Sarah E. Stork Meyer Nathan D. Runde Jeffrey E. Hiatt CONL U. +111:v ,r rosin Attorneys at Law 2080 Southpark Court Dubuque, IA 52003 Tel: (563) 582 -2926 Fax: (563) 582 -2998 July 1, 2013 VIA FACSIMILE 589 -4221 City of Dubuque, Zoning Advisory Commission c/o Planning Services City Hall, Second Floor 50 W 13th Street Dubuque, Iowa 52001 Re: Applicant, City, of Dubuque Location: Historic Millwork District Proposal: Amend Historic Millwork District PUD Hearing Date and Time: Tuesday, July 2, 2013 at 6:00 p.nt. JUL 1 2013 IECIEllnin) CITY Of DUBUQUE PLANNING SERVICES DEPARTMENT Dear Ladies and Gentlemen: 1 currently represent Stackis, L.L.C., who owns property located at what is commonly known as 1146 Elm Street, Dubuque, Iowa 52001 and legally described as follows: The northerly 177.6 feet of the easterly 100 feet of the westerly 220 feet of Out Lot 500, EXCEPT that part conveyed to the City of Dubuque, Iowa, Warranty Deed, Instrument No, 2600 -86; in the City of Dubuque, Iowa, according to the United Stales Commissioners' Plat of the Survey of the Town of Dubuque, Iowa, records of Dubuque County, lowa, 1 further represent S and K Packaging, lnc., who leases the property from Stackis, L.L.C. My clients are in receipt of the Notice of Public Hearing issued regarding the above - referenced matter and have had an opportunity to review such as well as consult with City staff. Upon consultation with City staff, a diagram of the location of the proposed parking spaces was obtained. A copy of that diagram is attached hereto and by this reference herein incorporated. On the face of the diagram, we have circled in highlighter two parking spaces which will have an LAW OFFICES OF CLEMENS, WALTERS, CONLON & MEYER, L.L.P. July 1, 2013 Page 2 immediate impact on my clients' use of the adjacent property. My clients' building has been labeled on the diagram as S and K. As you will see by reviewing the diagram which superimposes the proposed placement of parking spaces, the two parking spaces which are objectionable to my client are located immediately adjacent to my clients' building and impede my clients' ability to place a dumpster adjacent to the building and allow the dumpster to be serviced by refuse disposal vehicles. The installation of those two parking spaces will prevent access by refuse disposal vehicles to the area immediately adjacent to the building. As you can see, my clients' purchase and development of this property preceded notification of any plans of the City to develop parking facilities immediately adjacent to such. My clients' purchase and development of the property relied on my clients' unfettered access to the adjacent alleyway for ingress and egress of vehicles to the building. In the event such alleyway is impeded as proposed, it would have a direct and immediate impact on my clients' use of his facility and could have a significant long -term economic impact on my clients' ability to use such property. My clients ask that the City consider elimination of the two parking spaces adjacent to my clients' property. In the alternative, my clients ask that the two parking spaces be relocated adjacent to the other 16 parking spaces contemplated in that general vicinity and in such a manner so as to ensure that my clients have access to my clients' building and the adjacent dumpster. If you should have any questions with regard to this request and /or are willing to consider an on -site visit to the property to better understand the direct and immediate implications of this proposal on my clients' use of the property, you should feel free to contact either myself at the contact information identified above, or my client, Shawn Stackis, at 5 and Packaging, Inv -at 582 -8895. We appreciate your consideration of this matter. Sincerely, Jcnni(' r A. C leis s- Conliin JACC:dal Attachment cc: Kyle Kritz, Planning Services [ICkritz(citvofdubuque.org] Shawn Stackis, S and K Packaging [ shawnstackis ,sandkpackaging.com] S UvVmuVACC \S and K Pac.aging`ZonintJo us Zoning Advisory Commission hpd 12TH STREET 11TH STREET GTR' OF DL'613QiiE.EuvL'iec5L7iG DEPT DU UCUW COJNr'i PROJECT NUMCER 2? '_ scuern� FEET Irg CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that the Dubu- que City Council will conduct public hear- ings at a meeting to commence at 6:30 p.m. on July 15, 2013, in the Historic Federal Build- ing, 350 West 6th Street, on the follow- ing: Rezonings Request by Royal Oaks Development, Ina /Steve Moore, 380 Cedar Cross Road, to rezone an 11 acre par- cel from AG Agricultur- al to C -3 General Com- mercial District. Request by Miner Properties to rezone 1048 & located 1060 White Street from Historic Millwork District -Plan- ned Unit Development to C-4 Downtown Com- mercial zoning district. PUD Amendment Request by City of Du- buque to amend the Historic Millwork Dis- trict Planned Unit De- velopment District Conceptual Plan to al- low off - street parking needed for redevelop- ment projects. Copies of supporting documents for the pub - lic hearings are on file in the City Clerk's 'Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk It 7/5 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 05, 2013, and for which the charge is $21.74. f)d, Subscribed to before m— otary Public in and for Dubuque County, Iowa, this // day of , 20 /J . Notary Public in and for Dubuque County, Iowa. s MARY K. WESTERMEYER COmmIS01011 Number 154885 iiniWiumiaiiuiiiiuiimmiiiuinNi11 Doc ID: 007748720013 Type GEN Kind ORDINANCE Recorded: 07/16/2013 at 02:15:33 PM Fee Amt: $67.00 Pape 1 of 13 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00011855 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13th Street Telephone: 589 -4121 ORDINANCE NO. 38 -13 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENNDING ORDINANCE 02 -12 WHICH ESTABLISHED REGULATIONS FORA PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF TWO NEW PARKING LOTS AT THE INTERSECTION OF 11TH AND ELM STREETS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by amending Ordinance 02 -12 which established regulation for a Planned Unit Development District with a Planned Commercial District designation and adopting an amended conceptual development plan, a copy of which is attached to and made a part hereof, and now being amended to allow for the development of two new parking lots for the following described property, to wit: All real property generally located south of 12th Street, east of White Street and west of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above - described PC Planned Commercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork District PUD: 1. Places of religious exercise or assembly. Historic Millwork District PUD Page 2 2. Public, private or parochial school approved by State of Iowa (K- 12). 3. Public or private park, golf course, or similar natural recreation area. 4. Railroad and public or quasi - public utility, including substation. 5. Residential use. 6. Housing for the elderly and persons with disabilities (not identified with (5) above). 7. Noncommercial art gallery. 8. Museum or library. 9. School of private instruction. 10. Private club. 11. General office. 12. Medical office or clinic. 13. Dental or medical lab. 14. Barber or beauty shop. 15. Hotel. 16. Shoe repair. 17. Laundry or drycleaner. 18. Bakery (wholesale or commercial). 19. Retail sales or service. 20. Indoor restaurant. 21. Bar or tavern. 22. Supermarket. 23. Tailoring or alterations. 24. Furniture or home furnishing. Historic Millwork District PUD Page 3 25. Appliance sales or service. 26. Animal hospital or clinic. 27. Laundromat. 28. Furniture upholstery or repair. 29. Artist studio. 30. Photographic studio. 31. Neighborhood shopping center. 32. Business services. 33. Department store. 34. Auditorium or assembly hall. 35. Indoor theater. 36. Bank, savings and loan, or credit union. 37. Indoor amusement center. 38. Vending or game machine sales and service. 39. Indoor recreation facility. 40. Mail order house. 41. Printing or publishing. 42. Parking structure. 43. Vocational school. 44. Business or secretarial school. 45. Passenger transfer facility. 46. , Warehousing and storage facility. 47. Artisan production shop. Accessory Uses: The following accessory uses are permitted in the Historic Millwork District PUD: Historic Millwork District PUD Page 4 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Boiler system in use as part of an industrial business or use. 3. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork District PUD, subject to the provisions of Article 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. Drive -in or carry-out restaurant. 2. Drive -up automated bank teller. 3. Vehicle rental. 4. Construction supplies sales and service. 5. Contractor shop or yard. 6. Wholesale sale /distributor. 7. Agricultural supply sales. 8. Lumberyard or building materials. 9. Laboratory for research, development or engineering, provided that such use complies with all local, state, and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. 10. Freight transfer facility. 11. Moving or storage facility. 12. Millworking. 13. Manufacture, assembly, repair or storage of electrical or electronic products, components or equipment. 14. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards. Historic Millwork District PUD Page 5 15. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber, precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose products. 16. District energy system. 17. Private energy generation facility. 18. Exterior storage. 19. Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar /tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. d. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials Historic Millwork District PUD Page 6 g. incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut -off switch for the . heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Historic Millwork District PUD, subject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet 2. Building Height = no maximum. 3. New Construction Transition. New construction on the blocks between 12th Street and 11th Street should transition in scale from the Washington Neighborhood to the District PUD. C. Sign Regulations. 1. The number, size and location of signs in the Historic Millwork District PUD shall be regulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. 2. A comprehensive sign plan is required as part of the sign permit submittal for all multi- tenant buildings. 3. Free - standing signs in the District PUD shall be monument -style signs. 4. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. Historic Millwork District PUD Page 7 5. Variance requests from sign requirements established in Article 15 of the Unified Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Article 8 of the Unified Development Code. 6. Off- premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed -use neighborhood in the Historic Millwork District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sustainability. The development and maintenance of uses in the Historic Millwork District PUD conceptually should follow the goals, objectives, and recommendations of the Historic Millwork District Master Plan, incorporated herein by reference and on file in the Planning Services Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. Development Summary of the Historic Millwork District Master Plan, and shown on Exhibit B, on file in the Planning Services Department, and made a part of this zoning reclassification by reference as the Conceptual Development Plan for the Historic Millwork District PUD. b. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades and usable building sites. c. The Land Use / Development Patterns depicted in the Historic Millwork District Master Plan for ground floor uses reflect a predominance of residential uses; however, for District sustainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual Development Plan as shown in Exhibit B. 2. Parking Regulations Off- street parking is not required as part of the Historic Millwork District PUD. Off - street parking spaces may be provided in a building as an accessory use, subject to review and approval under Building, Fire, and other applicable City Codes. If a property Historic Millwork District PUD Page 8 owner chooses to provide surface off - street parking within the District PUD, the City Council must first approve the request and the following regulations shall apply: a. Parking lot design shall comply with the Downtown Design Guidelines for surface parking Tots. b. All vehicle- related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 3. Parking Structures. Parking structures (ramps) are allowed in the Historic Millwork District PUD subject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guidelines for parking facilities. b. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development. c. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. Historic Millwork District PUD Page 9 ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72- degrees from vertical. ii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iii. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. iv. The design of exterior lighting luminaries shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if provided) shall reflect a high quality of environmental design. The following provisions shall apply. i. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number and size of proposed plantings, paving and other open space amenities. Open space areas shall be designed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be installed. 6. Stormwater Management The developer shall be responsible for providing stormwater management in a means that is satisfactory to the City Engineer Historic Millwork District PUD Page 10 and consistent with the Historic Millwork District Master Plan. Sustainable, low impact development techniques for stormwater management approved by the City Engineer will be used where feasible. Other applicable regulations also enforced by the City Engineer relative to stormwater management and drainage shall apply to the subject property. 7. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. c. Exterior trash collection areas shall comply with the Downtown Design Guidelines for service areas. 8. Exterior Storage a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage areas shall comply with the Downtown Design Guidelines for service areas. b. The use of semi - trailers and /or shipping containers for storage is prohibited. 9. Final site development plans shall be submitted in accordance with provisions of Article 12 and Article 13 of the Unified Development Code prior to construction or expansion of any buildings, free - standing signs, or parking facilities. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. Historic Millwork District PUD Page 11 10. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 10th and Washington Streets, in the Farley & Loetscher and Kirby Buildings along 7tn Street, and in a highly visible commercial corridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realigning Elm Street in accordance with the Historic Millwork District Master Plan. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork District PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. G. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his /her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Historic Millwork District PUD Passed, approved and adopted this 15thday of Juyy, 2013. G Attest: Kevi irnstahl, City Ierk Page 12 Roy D. Buol Mayor 11201111111111111111110Mill Doc ID: 007755330002 Type: Kind: AFFIDAVITS FeeoAmt: $12.00 Page 1tof1235:48 PM Dubuque County Iowa Kathy Flynn 013 00012340 File20 Prepared by: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 STATE OF IOWA AFFIDAVIT of the CITY CLERK 1 COUNTY OF DUBUQUE SS: I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached documents are a true and correct copy of the originals and were received after the original documents had been filed. Document or instrument number of previously recorded documents: File: 2013- 00011855 Doc. ID: 007748720013 Current Document Description: Exhibit A - Historic Millwork District PUD Boundary In Testimony Whereof, I hereunto set my hand and official Dated at Dubuque, Iowa, on this 23rd day of July, 2013. (SEAL) seal of the City of Dubuque, Iowa. Kev S. Firnstahl, CMC, City Clerk SWORN to subscribed before me, this 23rd day of July, 2013. Tql b _, LEA QN g '' Commission Number 719986 'e My Commission Expires Notary Public CGk Clergy Exhibit A Historic Millwork District PUD Boundary Legend Historic Millwork District PUD E rllI�i tasterpiece on the Mississippi 2007 Historic Millwork District PUD Boundary 11_13_09